Articles
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19 December 2012
Public Liability
Workers Compensation Update: Offers of compromise in WID matters
Offers of compromise made after a certificate of mediation have no practical impact in work injury damages claims.
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05 December 2012
Dispute Resolution & Advisory
The price of beauty is high - resale price maintenance
The Bulletin examines the illegal practice of resale price maintenance and penalties imposed by the Courts and the ACCC.
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04 December 2012
Dispute Resolution & Advisory
Avoiding disputes about dispute avoidance clauses
When including an ADR clause in a contract, it must be drafted with clarity, precision and meets the intended purpose.
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20 November 2012
Dispute Resolution & Advisory
Relying on fact or fiction - Court finds insider trading
This judgment raises the bar in defending alleged breaches of the insider trading provisions of the Corporations Act.
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07 November 2012
Deceased Estates
International wills for a global community - A word of caution fo…
The rules relating to testamentary succession vary greatly between countries and sometimes even within a country.
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05 November 2012
Workers Compensation
How to deal with lump sum claims under the 2012 amendments
The amendment effectively removes any entitlement to lump sum compensation for a permanent impairment less than 11% WPI.
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31 October 2012
Workplace Law & Culture
Workers' WH&S obligations are not to be ignored
Workers also have a very important role to play in ensuring their own safety and that of others in the workplace.
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16 October 2012
Dispute Resolution & Advisory
International online trade mark infringement - Risking a big 'net…
Website owners and online retailers must ensure website content is carefully worded to avoid foreign trade mark laws.
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12 October 2012
Workplace Law & Culture
Court of Appeal explains connection between employment and injury
The Court held that the relevant test for determining the connection between employment and the injury is an objective one.
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09 October 2012
Workplace Law & Culture
How can you defend an employee's claim for adverse action?
The High Court provides valuable guidance on the proper application of the adverse action provisions in the Fair Work Act.
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08 October 2012
Dispute Resolution & Advisory
Lessors beware - Make requests specific and reasonable - assignme…
A recent NSW decision provides important guidance for all parties involved in proposed assignment of retail leases.
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26 September 2012
Dispute Resolution & Advisory
Good outcome - Shame about the costs order: a Sanderson costs ord…
This case is a reminder that first instance decisions on costs can sometimes be out of line with the accepted principles.
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07 September 2012
Dispute Resolution & Advisory
PPSA: Enforcement of securities to be discharged honestly
The PPSA introduces a general standard of conduct ? an obligation to act honestly and in a commercially reasonable manner.
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07 September 2012
Personal Property Securities
September is here - time for a PPSA spring clean?
Incorrect or unnecessary PPS registrations can cause major problems, so preventative maintenance is recommended.
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28 August 2012
Work Health & Safety
Workers Compensation Update #4 - Changes to Industrial Deafness C…
These amendments apply to claims for lump sums where a "claim for compensation" was made on or after 19 June 2012.
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17 August 2012
Property
Imposing an easement over community land: The Supreme ...
This case highlights the limitations on the power exercisable by local councils to create easements over community land.
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14 August 2012
Personal Property Securities
PPSA - Carson, in the matter of Hastie Group Limited: sale of equ…
A PPSA registration may not be enough - hire businesses and equipment lessors need to monitor the status of customers.
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13 August 2012
Workplace Law & Culture
Fair Work Act receives good clean bill of health
The panel?s report makes 53 recommendations for changes to the system, but overall, the Act has a good bill of health.